Every Memorial Day, I am assaulted with various quotes from people thanking the military for fighting and dying for our right to vote. I would bet that a depressing number of people in this country, when asked what their most important freedom was, or what made America great, would answer "the right to vote."

In my mind, there are at least three founding principles of the United States that are far more important than the right to vote:

The Rule of Law. For about 99% of human history, political power has been exercised at the unchecked capricious whim of a few individuals. The great innovation of western countries like the US, and before it England and the Netherlands, has been to subjugate the power of individuals to the rule of law. Criminal justice, adjudication of disputes, contracts, etc. all operate based on a set of laws known to all in advance.

Today the rule of law actually faces a number of threats in this country. One of the most important aspects of the rule of law is that legality (and illegality) can be objectively determined in a repeatable manner from written and well-understood rules. Unfortunately, the massive regulatory and tax code structure in this country have created a set of rules that are subject to change and interpretation constantly at the whim of the regulatory body. Every day, hundreds of people and companies find themselves facing penalties due to an arbitrary interpretation of obscure regulations (examples I have seen personally here).

Sanctity and Protection of Individual Rights. Laws, though, can be changed. In a democracy, with a strong rule of law, we could still legally pass a law that said, say, that no one is allowed to criticize or hurt the feelings of a white person. What prevents such laws from getting passed (except at major universities) is a protection of freedom of speech, or, more broadly, a recognition that individuals have certain rights that no law or vote may take away. These rights are typically outlined in a Constitution, but are not worth the paper they are written on unless a society has the desire and will, not to mention the political processes in place, to protect these rights and make the Constitution real.

Today, even in the US, we do a pretty mixed job of protecting individual rights, strongly protecting some (like free speech) while letting others, such as property rights or freedom of association, slide.

Government is our servant. The central, really very new concept on which this country was founded is that an individual's rights do not flow from government, but are inherent to man. That government in fact only makes sense to the extent that it is our servant in the defense of our rights, rather than as the vessel from which these rights grudgingly flow.

Statists of all stripes have tried to challenge this assumption over the last 100 years. While their exact details have varied, every statist has tried to create some larger entity to which the individual should be subjugated: the Proletariat, the common good, God, the master race. They all hold in common that the government's job is to sacrifice one group to another. A common approach among modern statists is to create a myriad of new non-rights to dilute and replace our fundamental rights as individuals. These new non-rights, such as the "right" to health care, a job, education, or even recreation, for god sakes, are meaningless in a free society, as they can't exist unless one person is harnessed involuntarily to provide them to another person. These non-rights are the exact opposite of freedom, and in fact require enslavement and sacrifice of one group to another.

I will add that pretty much everyone, including likely Ms. Maclean, opposes majoritarian rule on many issues. People's fear of dis-empowering the majority tends to be situational on individual issues.

Twenty-three [votes] were for measures that would have produced no tax increase at all; they were against proposed tax cuts.

Uh, OK. It strikes me that voting against 23 tax cuts is voting for higher taxes 23 times. I know that politicians work very hard to establish a sort of taxation Stare Decisis, wherein once a tax is in place it can never be questioned, but many of us think that tax cuts are fair game. But then Newsweek, in reporting this story, goes on to repeat this claim over and over, as if that makes it correct:

By our count, about a quarter of these votes for "higher taxes" "â 23 to
be exact "â are votes Obama cast against changing tax rates from what
they were at the time. Taxes would not have gone up. They would have
been "higher" only compared to the cuts being proposed.

Sorry, but this does not sound like independent fact-checking. This sounds like political spin and hackery by folks in Obama's camp. Voting against a tax cut is a vote for higher taxes.

Eleven votes the GOP
is counting would have increased taxes on those making more than $1
million a year "â in order to fund programs such as Head Start and
school nutrition programs, or veterans' health care.

The implication here, I guess, is that the rich people don't count as people, and that raising taxes only on the rich does not count as a tax increase? We see this same bias that rich people don't count in their summary:

It's true that most of the votes the GOP counts would either have
increased taxes for some, or set budget targets calling for such
increases. But by repeating their inflated 94-vote figure, McCain and
the GOP falsely imply that Obama has pushed indiscriminately to raise
taxes for nearly everybody. A closer look reveals that he's voted
consistently to restore higher tax rates on upper-income taxpayers but
not on middle- or low-income workers.

The other interesting pice of the previous quote is that tax increases don't count if they fund programs such as Head Start that the author of the study, presumably, supports. The article goes on to say:

And in many cases, the legislation in question called for increasing
taxes in order to fund popular programs, a fact not mentioned by the
Republican opposition researchers. One such amendment
by Sen. Christopher Dodd to a 2006 bill, for example, proposed the
creation of a "veterans hospital improvement fund," financed by
increasing the capital gains and dividend tax rates on those earning $1
million a year or more.

You get it? Its not a tax if it is on the rich or funds a liberal program. By the way, I find this increasing reliance on taxes on people making $1 million or more an enormous threat to the very basis of our demacracy. It is always a danger in democracy to have 51% of the people vote themselves benefits at the expense of the other 49%. But this becomes increasingly seductive as the numbers skew, until every politician is crafting programs that take from the top 1% and give to politically influential portions of the other 99%. Here is a great example of that in California, with a program the majority of voters were not willing to pay for, but accepted when it was funded by a millionaire's surcharge:

California voters agreed to tax the rich to support public mentalhealth
services.

More than half of them (53.3 percent) voted last month in favorof
Proposition 63, which will impose a tax surcharge of 1 percenton the taxable
personal income above $1 million to pay for servicesoffered through the
state's existing mental health system. Theinitiative will generate an
estimated $700 million a year....

Richard A. Shadoan, M.D., a past president of the CPA, wrotein Viewpoints
in the September 3 issue of Psychiatric News,"The scope of the
program and its tax-the-rich source will provokea debate. But it's an
argument worth having to make Californiaface the neglect of not providing
treatment to more than 1 millionpeople with mental illness."

So
what happened? I don't know how many people make a million dollars in
California, but it is certainly less than 5% of the population. So the
headline should read "53.3% of people voted to have less than 5% of the
people pay for an expensive new program." If the 53.3% thought it was
so valuable, why didn't they pay for it? Well, it is clear from the
article that the populace in general has been asked to do so in the
past and refused. So only when offered the chance to approve the
program if a small minority paid for it did they finally agree. This is the real reason for progressive taxation. (by the way, these 53.3% will now feel really good about themselves,
despite the fact they will contribute nothing, and will likely piss on
millionaires next chance they get, despite the fact that they are the
ones who will pay for the program).

That example reminded me in turn of this story from history, one of what I call "great moments in progressive taxation," and the ultimate logical end of this desire to have fewer and fewer rich people fund services for everyone:

My story today comes from the Roman Empire just after the death of
Julius Caesar. At the time, three groups vied for power: Octavian
(Augustus) Caesar, Mark Antony, and republican senators under Brutus
and Cassius. Long story short, Octavian and Antony join forces, and
try to raise an army to fight the republicans, who have fled Italy.
They needed money, but worried that a general tax would turn shaky
public opinion in Rome against them. So they settled on the ultimate
progressive tax: They named about 2500 rich men and ordered them
killed, with their estates confiscated by the state.

This approach of "proscriptions" had been used before (e.g. Sulla)
but never quite as obviously just for the money. In the case of
Octavian and Antony, though nominally sold to the public as a way to
eliminate enemies of Rome, the purpose was very clearly to raise
money. All of their really dangerous foes had left Rome with the
Republicans. The proscriptions targeted men of wealth, some of whom
had been irritants to Octavian or Antony in the past (e.g. Cicero) but
many of whom had nothing to do with anything. Proscribed men were
quoted as saying "I have been killed by my estates."

I wonder how many of today's progressives would be secretly pleased by this approach?

Postscript: I can't tell if this Newsweek article represents some sort of strategic alliance or deal with Newsweek, or just a one-off. If it is some kind of alliance, I think we can write off any notion that Factcheck.org is still non-partisan. I predict if this is the case we will see more pro-Obama spin out of Factcheck, or as a minimum, a cherry-picking by Newsweek of which checked facts it wants to publish and which it does not.

This means that when any politician stands up and proposes a new program, a majority of Americans know that they are not going to pay for it. In fact, the situation is even more obvious when you consider new programs at the margin. If you listen to the Democratic debates, nearly every candidate is proposing to pay for his or her expensive programs via new taxes aimed solely at the top 10 or 20% of earners. Every time they propose a program, there is an unstated but increasing clear clause "and 80% of you won't have to pay anything for this." Already, we see many states funding new programs with surcharges on the rich. Here is but one example:

California voters agreed to tax the rich to support public mentalhealth
services.

More than half of them (53.3 percent) voted last month in favorof
Proposition 63, which will impose a tax surcharge of 1 percenton the taxable
personal income above $1 million to pay for servicesoffered through the
state's existing mental health system. Theinitiative will generate an
estimated $700 million a year....

Richard A. Shadoan, M.D., a past president of the CPA, wrotein Viewpoints
in the September 3 issue of Psychiatric News,"The scope of the
program and its tax-the-rich source will provokea debate. But it's an
argument worth having to make Californiaface the neglect of not providing
treatment to more than 1 millionpeople with mental illness."

So what happened? I don't know how many people make a million dollars in California, but it is certainly less than 5% of the population. So the headline should read "53.3% of people voted to have less than 5% of the people pay for an expensive new program." If the 53.3% thought it was so valuable, why didn't they pay for it? Well, it is clear from the article that the populace in general has been asked to do so in the past and refused. So only when offered the chance to approve the program if a small minority paid for it did they finally agree. This is the real reason for progressive taxation. (by the way, these 53.3% will now feel really good about themselves, despite the fact they will contribute nothing, and will likely piss on millionaires next chance they get, despite the fact that they are the ones who will pay for the program).

Ultimate Example of Progressive Taxation

My story today comes from the Roman Empire just after the death of Julius Caesar. At the time, three groups vied for power: Octavian (Augustus) Caesar, Mark Antony, and republican senators under Brutus and Cassius. Long story short, Octavian and Antony join forces, and try to raise an army to fight the republicans, who have fled Italy. They needed money, but worried that a general tax would turn shaky public opinion in Rome against them. So they settled on the ultimate progressive tax: They named about 2500 rich men and ordered them killed, with their estates confiscated by the state.

This approach of "proscriptions" had been used before (e.g. Sulla) but never quite as obviously just for the money. In the case of Octavian and Antony, though nominally sold to the public as a way to eliminate enemies of Rome, the purpose was very clearly to raise money. All of their really dangerous foes had left Rome with the Republicans. The proscriptions targeted men of wealth, some of whom had been irritants to Octavian or Antony in the past (e.g. Cicero) but many of whom had nothing to do with anything. Proscribed men were quoted as saying "I have been killed by my estates."

I wonder how many of today's progressives would be secretly pleased by this approach?

This means that when any politician stands up and proposes a new program, a majority of Americans know that they are not going to pay for it. In fact, the situation is even more obvious when you consider new programs at the margin. If you listen to the Democratic debates, nearly every candidate is proposing to pay for his or her expensive programs via new taxes aimed solely at the top 10 or 20% of earners. Every time they propose a program, there is an unstated but increasing clear clause "and 80% of you won't have to pay anything for this." Already, we see many states funding new programs with surcharges on the rich. Here is but one example:

California voters agreed to tax the rich to support public mentalhealth
services.

More than half of them (53.3 percent) voted last month in favorof
Proposition 63, which will impose a tax surcharge of 1 percenton the taxable
personal income above $1 million to pay for servicesoffered through the
state's existing mental health system. Theinitiative will generate an
estimated $700 million a year....

Richard A. Shadoan, M.D., a past president of the CPA, wrotein Viewpoints
in the September 3 issue of Psychiatric News,"The scope of the
program and its tax-the-rich source will provokea debate. But it's an
argument worth having to make Californiaface the neglect of not providing
treatment to more than 1 millionpeople with mental illness."

So what happened? I don't know how many people make a million dollars in California, but it is certainly less than 5% of the population. So the headline should read "53.3% of people voted to have less than 5% of the people pay for an expensive new program." If the 53.3% thought it was so valuable, why didn't they pay for it? Well, it is clear from the article that the populace in general has been asked to do so in the past and refused. So only when offered the chance to approve the program if a small minority paid for it did they finally agree. This is the real reason for progressive taxation. (by the way, these 53.3% will now feel really good about themselves, despite the fact they will contribute nothing, and will likely piss on millionaires next chance they get, despite the fact that they are the ones who will pay for the program).

Ultimate Example of Progressive Taxation

My story today comes from the Roman Empire just after the death of Julius Caesar. At the time, three groups vied for power: Octavian (Augustus) Caesar, Mark Antony, and republican senators under Brutus and Cassius. Long story short, Octavian and Antony join forces, and try to raise an army to fight the republicans, who have fled Italy. They needed money, but worried that a general tax would turn shaky public opinion in Rome against them. So they settled on the ultimate progressive tax: They named about 2500 rich men and ordered them killed, with their estates confiscated by the state.

This approach of "proscriptions" had been used before (e.g. Sulla) but never quite as obviously just for the money. In the case of Octavian and Antony, though nominally sold to the public as a way to eliminate enemies of Rome, the purpose was very clearly to raise money. All of their really dangerous foes had left Rome with the Republicans. The proscriptions targeted men of wealth, some of whom had been irritants to Octavian or Antony in the past (e.g. Cicero) but many of whom had nothing to do with anything. Proscribed men were quoted as saying "I have been killed by my estates."

I wonder how many of today's progressives would be secretly pleased by this approach?